After an accident or injury, one of the first questions you may have is whether you actually have a personal injury claim.
The answer is not always obvious.
Some claims begin with a serious accident. Others involve injuries that seem minor at first but become more disruptive over time. Questions about fault, medical bills, missed work, insurance coverage, and future treatment can make the situation even more difficult to understand.
Patton, Hoversten & Berg, PA helps individuals and families throughout Southern Minnesota understand their legal options after an injury. Here are several signs that your situation may warrant a closer legal review.
1. Someone Else’s Actions May Have Caused Your Injury
Many personal injury claims involve negligence. In simple terms, this means another person, business, property owner, or other party may have failed to use reasonable care and caused an injury.
Examples can include:
- A driver who causes a collision
- A property owner who fails to address a dangerous condition
- A business responsible for unsafe premises
- A defective or unsafe product
- Certain incidents involving negligent care
- Other situations in which someone’s actions or failure to act causes harm
You do not need to know exactly who was legally responsible before speaking with an attorney.
Determining responsibility often requires reviewing the circumstances, available evidence, insurance coverage, and applicable Minnesota law.
2. You Suffered an Actual Injury or Financial Loss
An accident by itself does not necessarily create a personal injury claim.
You generally need an injury or loss connected to what happened.
That may include:
- Medical expenses
- Emergency treatment
- Rehabilitation or therapy
- Lost wages
- Reduced ability to work
- Ongoing medical needs
- Physical pain
- Scarring or disability
- Other financial or personal losses resulting from the injury
The effect of an injury can also become clearer with time.
Someone who initially expects to recover within a few days may later need additional testing, treatment, therapy, or time away from work.
3. Medical Records Connect Your Injuries to the Incident
Medical documentation can become an important part of an injury claim.
Records may help establish:
- What injuries were diagnosed
- When symptoms began
- What treatment was recommended
- Whether additional care may be necessary
- How an injury affects your daily activities or ability to work
Some injuries produce immediate symptoms. Others may become noticeable later.
If symptoms appear or worsen after an accident, getting appropriate medical care protects your health and creates a record of what you are experiencing.
4. You Have Evidence Showing What Happened
Personal injury claims often depend on evidence.
Depending on the incident, useful information may include:
- Police or accident reports
- Photographs or video
- Witness information
- Medical records
- Medical bills
- Employment and wage records
- Incident reports
- Insurance correspondence
- Documentation showing property damage
Evidence can become harder to obtain over time.
Witnesses may become difficult to locate. Video can be erased. Physical conditions can change. Documents can also become harder to reconstruct months later.
Preserving available information early can make it easier to understand what happened.
5. You May Be Partly at Fault, But Someone Else Was Also Responsible
Being partly responsible for an accident does not necessarily mean you have no claim.
Minnesota uses a comparative-fault system.
Under Minnesota law, a person’s contributory fault does not automatically prevent recovery when their fault is not greater than the fault of the party from whom they seek recovery. Courts can reduce damages based on the injured person’s percentage of fault.
This matters especially when an insurance company claims you contributed to the accident.
Fault depends on the evidence and the specific circumstances. Don’t assume you have no options just because responsibility is disputed.
6. The Insurance Company Is Questioning the Claim or Offering a Quick Settlement
Insurance issues are a common source of uncertainty after an injury.
You may receive questions about:
- How the accident occurred
- Your medical treatment
- Previous injuries
- Lost wages
- Whether treatment remains necessary
- The severity of your injuries
You may also receive a settlement offer while you are still treating your injuries.
A quick resolution can sound appealing when medical expenses are accumulating, or you are missing work. The difficulty is that you may not yet know the full extent of the injury or what future care will be necessary.
Before resolving an injury claim, it can be useful to understand what the proposed settlement covers and what rights you may be giving up.
7. Your Injury Is Affecting Your Ability to Work or Live Normally
The significance of an injury is not measured only by the initial medical bill.
Ask how the injury has affected your life.
For example:
- Have you missed work?
- Can you still perform your normal job duties?
- Are ordinary household tasks more difficult?
- Have you stopped participating in activities because of pain?
- Do you need continued treatment?
- Has your doctor restricted your activities?
- Are you concerned that the injury may have lasting effects?
These details can help show the real impact of an injury.
8. Your Accident Involved a Motor Vehicle
Minnesota automobile injury claims have additional rules that can make them confusing.
Minnesota uses a no-fault automobile insurance system. Certain basic economic loss benefits may apply to medical expenses and other covered losses regardless of who caused the collision.
Separate rules can apply when an injured person seeks additional damages from the person responsible for the crash.
Because several types of insurance coverage and Minnesota-specific requirements can come into play, a car, truck, motorcycle, pedestrian, or bicycle accident may deserve legal review even when fault initially appears straightforward.
9. You Were Injured While Working
An injury that happens at work may involve workers’ compensation rather than, or sometimes in addition to, a traditional personal injury claim.
There can also be situations in which someone other than your employer or a co-worker contributed to the accident.
Because the legal issues are different, PHB maintains a separate Workers’ Compensation practice area for workplace injury matters.
10. You Are Unsure How Much Time You Have
Waiting too long can affect your ability to pursue an injury claim.
No single deadline applies to every Minnesota personal injury matter. The applicable limitations period depends on the type of claim, the circumstances, the defendant, and other legal factors.
That is why you should not rely on a general deadline found online and assume it applies to your situation.
If significant time has passed since the injury, consider having the circumstances reviewed sooner rather than later.
What Does Not Automatically Mean You Have a Case?
It is equally important to understand that an injury does not automatically establish legal responsibility.
Questions that may need to be evaluated include:
- Who was responsible?
- What evidence supports that conclusion?
- Did the incident actually cause the injury?
- What losses resulted?
- Is insurance available?
- Does Minnesota law allow the particular claim?
- Has an applicable deadline expired?
Every personal injury matter depends on its own facts.
An attorney can review those facts and help you understand the available options.
Do You Need a Personal Injury Lawyer?
Not every accident requires an attorney.
You may want to consider speaking with one when:
- Your injuries are significant or ongoing
- You have missed substantial time from work
- Fault is disputed
- Several parties may be responsible
- The insurance company denies or questions your claim
- You receive a settlement offer before knowing the extent of your injuries
- You may need future medical treatment
- A loved one suffered a catastrophic or fatal injury
- You simply do not understand your rights or the insurance process
Getting information early can help you make a more informed decision about what to do next.
Local Personal Injury Help in Southern Minnesota
Patton, Hoversten & Berg, PA has served Southern Minnesota communities for more than 50 years.
PHB maintains offices in:
Faribault Law Office
Our Faribault office serves clients in Rice County and the surrounding Southern Minnesota communities.
Owatonna Law Office
Our Owatonna office provides local access for clients in Steele County and the surrounding area.
Waseca Law Office
PHB’s Waseca office serves individuals and families in Waseca County and throughout Southern Minnesota.
Janesville Law Office
Our Janesville office provides another convenient location for clients in Waseca County and surrounding communities.
PHB attorneys work collaboratively across the firm’s four locations, giving clients access to the firm’s legal resources while maintaining a local connection.
Speak With PHB Law About Your Injury
If you were injured and are unsure whether you have a personal injury claim, you do not have to make that determination on your own.
Patton, Hoversten & Berg, PA can review the circumstances and help you better understand your legal options.
Request a consultation with PHB Law:
https://www.phblawoffice.com/schedule-consultation/
The information on this page is provided for general informational purposes and is not legal advice.
Frequently Asked Questions About Minnesota Personal Injury Claims
How do I know if I have a valid personal injury claim?
A potential claim often involves an injury caused by another person’s or organization’s conduct, evidence connecting that conduct to the injury, and measurable losses. Whether those elements establish a legal claim depends on the individual circumstances.
Can I have a claim if I was partly responsible for the accident?
Possibly. Minnesota follows comparative-fault rules. Partial responsibility does not necessarily eliminate a claim, although it can reduce the amount that may be recovered.
What if my pain did not start until after the accident?
Not every injury produces immediate symptoms. Medical evaluation and documentation can help establish what you are experiencing and whether it relates to the incident.
Should I accept an insurance settlement?
A settlement can resolve your legal rights concerning a claim. Before accepting one, understand what it covers and whether the extent of your injuries and future needs are reasonably clear.
How long do I have to file a personal injury claim in Minnesota?
Deadlines vary by claim type and circumstances. Minnesota law does not set a single deadline for every personal injury matter.
What if the other person says the accident was my fault?
A disagreement about fault does not determine the outcome on its own. Police reports, photographs, witnesses, physical evidence, insurance information, and other records may help establish what occurred.
Do all personal injury claims go to court?
No. Some matters resolve through insurance negotiations or settlement. Others require litigation. The appropriate approach depends on the circumstances of the individual case.
Where can I meet with PHB Law?
PHB has offices in Faribault, Owatonna, Waseca, and Janesville, Minnesota.
PHB Law Offices
Patton, Hoversten & Berg, PA
415 2nd Ave NW
Faribault, MN
Phone: 507-332-7425
Patton, Hoversten & Berg, PA
216 North Main Street
P.O. Box M
Janesville, MN 56048
507-234-5106
888-980-1210
Patton, Hoversten & Berg, PA
150 West Park Square
P.O. Box 506
Owatonna, MN 55060
507-451-9000
866-451-9010
Patton, Hoversten & Berg, PA
215 Elm Avenue East
P.O. Box 249
Waseca, MN 56093
507-835-5240
888-835-5244